Loading...
HomeMy WebLinkAbout1999-189 I RESOLUTION NO. 1999-189 1 2 3 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OMNITRANS TO ADMINISTER A PASSENGER AMENITIES PROGRAM AT CURRENT AND FUTURE BUS STOP ZONES, 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 III 25 III SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said Agreement with Omnitrans, regarding the construction, maintenance and improvements at bus stop zones throughout the City, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth in length. II III III III III III III III III 26 III 27 28 1999-189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMNT WITH OMNITRANS TO ADMINISTER A PASSENGER AMENITIES PROGRAM AT CURRENT AND FUTURE BUS STOP ZONES. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at aregu1ar meeting thereof, held on the 2nd day of August , 1999, by the following vote, to wit: AYES ABSTAIN ABSENT NAYS Council Members: x ESTRADA x LIEN x MCGINNIS x SCHNETZ VACANT - 5th Ward x ANDERSON 15 MILLER 16 17 18 x ()-~.I.. I h-~ ~~ 19 20 21 22 The foregoing ordinance is hereby approved this __J/-r---_ day of Auqust 1999, Approved as to 23 Form and legal content: 24 JAMES F, PENMAN, 25 City Attorney 26 27 28 --~ ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1999-189 AGREEMENT THIS AGREEMENT is entered into this 2nd day of August, 1999, by and between OMNITRANS, A Joint Powers Authority, and the CITY OF SAN BERNARDINO ("CITY"), WITNESSETH: WHEREAS, the parties recognize that upgraded, well-maintained bus stop locations in the City are essential to the benefit of City residents, the City business community and transit riders regions wide; and, WHEREAS, OMNITRANS will enter into an agency-wide agreement with a contractor to purchase, install and maintain advertising benches, shelters, and trash receptacles and related amenities at bus stop locations in their service area; and, WHEREAS, this agreement will provide a positive impact on the community in general; NOW THEREFORE, the parties hereto agree as follows: 1. The term of this Agreement shall be for ten (10) years from the date of execution of this Agreement. Either party may terminate this Agreement at any time by thirty (30) days written notice. 2. CITY grants to OMNITRANS the right to administer a comprehensive passenger amenities program at current and future bus stop zones, Passenger amenities include, but are not limited to: 1999-189 } 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 3. 20 21 22 23 24 25 26 27 28 . Shelters in the City will be replaced with new, high quality shelters constructed under ADA guidelines. Some of the shelters will generate revenue through advertisements; others will not be used for advertising. . OMNITRANS will guarantee that the strict maintenance standards in the RFP, found in Section 4,0 Specifications and Scope of Work dated 4-20-99, are enforced. Shelters will be washed as required, but not less than once a month. The vicinity of the amenities will be cleaned within a 15' radius as required, but not less than twice a week, Benches will be cleaned as required, but not less than once a week, . OMNITRANS will ensure that trash receptacles are placed and maintained at all existing and newly installed amenity locations. Waste receptacles will be emptied (at minimum) twice weekly, cleaned as required but not less than once a month and added as necessary . OMNITRANS will select a firm to construct and maintain amenities at current and future bus stop zones, OMNITRANS will ensure that the contractor selected submits plans on all shelters to the CITY and pays all fees for permits that may be required by the municipal code relative to amenity improvements at bus zone locations. No bus shelter will be constructed in the CITY that has not been issued the appropriate permit by 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1999-189 4. the CITY. These shelters shall meet all regulations of the American with Disabilities Act. OMNITRANS agrees to enforce the terms of the RFP, found in Section 4.0 Specifications and Scope of Work dated 4-20-99, with a goal of providing a quality passenger amenities program in the City, a copy of which is attached hereto, marked Attachment "A" and incorporated herein by reference as fully as though set forth in length. The CITY, in its sole discretion may require the relocation or removal of any shelter, at any time, based on poor maintenance or appearance or if the physical surroundings or use of the shelter poses a threat to the public health or safety. OMNITRANS and the CITY will work in partnership on all bus shelter locations to identify sites. No bus shelter can be placed without first obtaining approval and permits from the CITY. This transit enhancement program is to be implemented at no cost to the CITY relative to maintenance and capital expense, OMNITRANS will ensure that, at minimum, one space at each of four shelters, not predetermined for advertising space, are reserved for the CITY's use of advertising or public service announcements. Upon a letter from OMNITRANS to the CITY citing advertising bench locations that need to be removed in the City, CITY agrees to notify the bench provider within 60 days of notification to remove the bench. 5. 6. 7, 8. 9, 3 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10, 11. 12, 13, 1999-189 13. Omnitrans agrees that no ad benches will be placed at any bus stop zones. ClTY agrees to notify current provider to remove ad shelters upon execution of this agreement. OMNITRANS agrees make every effort to inform the community of this agreement and subsequent responsibilities for maintenance and of the mechanisms in place to report problems at the bus stop zones. OMNITRANS shall indemnify, defend and hold harmless the ClTY, its officers, employees and agents (including without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to OMNITRANS' performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by ClTY'S willful misconduct or negligence, ClTY shall indemnify, defend and hold harmless OMNlTRANS, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to OMNITRANS' performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by OMNITRANS' willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of this office in enforcing this Agreement on behalf of CITY shall be considered as "attorneys' fees" for the purpose of this paragraph. While not restricting or limiting the foregoing, during the term of this Agreement, OMNlTRANS shall maintain in effect policies of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1999-189 15. III III III III III III comprehensi ve public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory Worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 14. OMNITRANS shall perform the work tasks provided by this Agreement; but for all intents and purposes OMNITRANS shall be an independent contractor and not an agent or employee of the CITY. Any notice given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: City Administrator's Office 300 North "D" Street San Bernardino, CA 92418 TO OMNITRANS: Marketing Department 1700 West Fifth Street San Bernardino, CA 92411 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1999-189 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OMNITRANS IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above shown. Date: ~(dll?7f fV()D Signature By: Omnitrans, A Joint Powers Authority Date: By: City of San Bernardino ATTEST: ~b.cU tl ( {c'~ Signature Approved as to form and legal content: James F. Penman City orney 6 , , 1999-189 Attachment "A" SECTION 4.0 SPECIFICA TIONS AND SCOPE OF WORK REVISED: 04-20-99 r------ -' , 1999-189 OMNITRANS 1700 WEST FlFfH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICA TlONS RFP.MKT99.1 PASSENGER AMENITIES PROGRAM SERVICES 1. INTRODUCTION AND PROJECT OVERVIEW........................................................ 1 2. BACKGROUND................................................................................................................1 PAGEi A. General,.,.,. .".., .,......,..... ..,..,..,........,.,'..,..., ..,....,. ..,.,., ...,...,."...".....,....,.,...,...., ... ..,.. 1 B. Past and Current Passenger Amenities Program .....................................................2 C. Current Problems.. .,.,.,. ... .,'.. ....,.,.. .., ..,..,....,. ........,.... ... .... .,.,.... ...,..,."..,......,.,.,.,...... 2 3. PROJECT OBJECTIVES ................................................................................................ 3 4. PROJECT GOALS .........,.................................................................................................3 A. Participation Goals ,........,..........,......,...............",.....,....,.............,...."..................... 3 B. Ameni ty Goals.,.",.,.....,."....,..,..,.....,.....,.............."....., ....,........, ......,..,.. ........ ......... 4 C. Build-Out: Phase I."...,'.........."....,..,.."............................,...............,..,......,..........., 4 D. Build-Out: Phase 11.......................",......................................................,.................4 5. REPORTI.\'G A.\'D ;\IEETING REQUIREMENTS..........................,.......................... 5 A. Reporti ng Requi rements...,.....,.....,....,...............".....,..,.........................................., 5 1) MomMy Repons ....,....,.................................,..,....,....,..........,..,..,..,.............5 2) Quane rly ReporTS,..",...,.,.....,.......,.....""....""..,......,....".......,...,.,......"...,... 5 B. Meeting Requirements ,..............,......,..............,..,...."..........,..............,......,.......,.... 6 6, A;\lEMTIES DES1G.\' SPECIFICATIONS................................................................... 6 A. General. ...... '" ..,.... .."..,.. .,..... '" ... ..... ..,...,.,.. ..,.,..'.,. .,.,.,..,.,... .".. .,.....,.....,.,....,.,........ 6 B. Agency Custom Design Specifications ........,.........,..........,.......................,..,....,..,.. 6 C, Ameni ties ....., ..,.,.,.... ..,.." ..,.,'. ... '" ..,..,...... .,..,.,.,'.'. .., ..,.. ....,."..,...,. .....,..,...,'.,... ....,.. 7 1) All Amenities ..........,....,.......,..,...............................,......,....,....,....,........,...... 7 2) Waste Receptacles ..................,..,....,........,..............................,.................... 8 3) Seating ,.... ..,.,.......,..,.,.....,.., .,.., .....,.,..,.,..,..,. .,.. ... .......,. .,. .........,..,.,.,..,...,..... 9 4) Shelters ".,..,.,.,.,.,., ..,........ .....,....,..,......"...",....,.......,....,..,..........,.,.,....,....... 9 7. SCOPE OF WORK.........................................................................................................13 A. General.."....,.,...,....,.. ..........,..... ...,.......,..........,.,."............,..,..,."......,.,...,............, 13 B, Passenger Amenities Program Implementation Schedule and Plan........,.......,...., 13 C. Determining Amenities Site Locations ..,..,...........;,..,..,....,..........,......,....,............ 14 D, Utility Requirements .........,.,.,........,..,....,.".......,..,........,..,....."...,...,........,..,.....,... 14 E. Accessibility Requirements...........,....,...,.............,....".........,..............."..,....,.......15 F. Drawings .".,..,.,.,.,...,....".......,..,....,..,..,..........,...,..................,..,......,...........,......... 15 1999-189 OMNITRANS 1700 WEST l<UTlI STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICA nONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGEii' G, All Amenities ....,....,.,......,.,..,....,.....,...........,...,."...',.,.,.,.,....',..,.,..'.....,........,......" 16 H. Current Amenities ,.,.,..,..,... ....".,.,...,..,..,...,........,....,.,..... ...,.".'".".... ..,.,.,....,.,..,." 16 L Removing Amenities,..................................,.......................,...........,....,...............' 16 J, Site Restoration .............,...................,..'..'................,.........................,......,.........., 16 K. Site Preparation ,.........,........................,...............................,..,.............................. 17 L Adding Amenities ......,........................,...'............,....................................'...........17 M. Non-Commercial Amenities ...............,......,..........................................................17 N. Amenities Installation .........................,..,..,.....................................,..................... 18 1) Installation Schedule ..........'....,..,....,.."........,................,..,..,.....,............... 18 2) Amenities Placement ........,......,.."..,...............................................,..........18 O. Construction Sites .........'.................,..,......""..,......,.............,...,...,...,..,.,............... 19 P. Relocating Amenities ..,..,..,..,.,......."..,..,...........'....................................,.............. 19 Q. Ameni ties Maintenance ,..""...'.........,..""..,.......,.... .'.,.,...."................................... 19 1 ) General... ,.........',.,.....'.........',.....',..",.....,.. .....,..,.,.""...,...., .,...,....... .......... 19 2) AI aintenance ....."..",.....,............................',..,.",................'.......'.............. 20 3) Restoration,..,..,............".......................".,..,..,.,...................,..........,......,.. 21 4 ) Repl acemen ts,...."",.,.""..,...."...................."......................,.......... ,........,., 22 8. ADVERTISING ON Al\IENITIES................................................................................ 22 A. General.,. ..,... ........,. ......' ..".. ,. ...... .... ........ ......,.,...,., ..,. .". ....,. .,......,..,.,...,..".....,."" 22 B. Advertisement Placements ...........................,.............................,..........,..,..........,. 22 C. Advertisement Visibility ......,........,................,...................................................,.. 22 D. Unsold Advertising Space..................................................................................... 23 E, Reserved Space ..........,......,................................,.....,.............,....,.........................23 F. Advertisement Content and Presentation '..'................,......,...............,..,..,........,.., 24 G. Advertisement Rates ,................,...,.,.,...........,.,..,..,..".,.,..,.....,..,..,..,.........,........,.. 24 1999-189 OMNITRANS 1700 WEST FIFTH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICA TIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 1 1. INTRODUCTION AND PROJECT OVERVIEW A. OM:NITRA:'\'S is seeking competitive proposals from qualified firms to conduct our Passenger Amenities Program (PAP), B. The selected firm (Contractor) will provide, at its sole expense, all of the requirements of this RFP and its amendments and modifications. The requirements include, without limitation, supplying new bus shelters, new benches, and new waste receptacles (Amenities). The required services include without limitation: provide everything necessary to purchase, prepare, install, remove, relocate, repair, and maintain the new and existing Amenities, their sites and their utility connections; conduct a preventative maintenance (PM) program; coordinate with third panies; obtain and maintain the all required permits, business and Contractor's licenses, and insurance; secure the appropriate advenising to maximize the revenue return to Omnitrans; post and remove advenisements; collect and distribute revenue; and perform all other tasks necessary to provide a total Passenger Amenities Program and to do it in the time required and for up to ten years, C. OYI:\ITRA:\S is has reviewed and approved the technical specifications for the Amenities as designed by Tolar Manufacturing Company, Inc., Attachment: Tolar \Ifg, Co., Inc. Bmchurc. Omnitrans is not opposed to other manufacturers' Amenities technical specifications as long as those specifications meet or better the salient characteristics of the Tolar design. Proposers. who wish to submit alternate Amenities technical specifications, must provide a line-by-Iine comparison of their specifications and Tolar's. Omnitrans will then determine if the alternate manufacturer's Amenities technical specifications qualifies as an approved equal. 2. BACKGROUiI.'D A. General Omnitrans is a Joint Powers Agency (JPA) created in 1976 to provide public mass transit services to 16 member jurisdictions located in Southeastern San Bernardino County. Omnitrans' service area covers 480 square miles bordered by the Los Angeles County line. Riverside County line, and the San Bernardino and San Gabriel Mountains, The service area includes the communities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Lorna Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Yucaipa and some unincorporated areas of San Bernardino County, Some of the service areas, as listed above, may not be covered in this RFP; however, they may be added at a future date. 1999-189 OMNITRANS 1700 WEST FIFI'H STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 2 Omnitrans operates fixed route bus service directly utilizing a fleet of approximately 150 full-sized buses. Omnitrans also provides paratransit, dial-a- ride and dial-a-cab services by contracting with private operators, Omnitrans currently has approximately 450 direct employees and approximately 170 contract employees. It is foreseeable that the number of buses and employees could double in the next ten years, Omnitrans detives its authority to administer the Passenger Amenities Program though the original JPA agreement states among other related statements, which states: 'Tire nelv entin' [Omnitransj \\'ill prm'ide..,expanded transit services and facilities for thl' l)('nefits o(rhe ciri:ens of riLl' parties." B. Past and Current Passenger Amenities Program On October 27, 1996. the contract with Eller Media expired; that was ten-year contract. Omnitrans did not seek to renewal' extend this contract, since this was prohibited under IT A procurement requirements. Additionally, Omnitrans did not seek to issue new Request for Proposals since there remained some unresolved issues regarding the advenising revenue and shelter maintenance with the Agencies within Omnitrans' service area and there were no Omnitrans personnel to oversee the project. In October 1997. Omnitrans hired a Stops and Stations Supervisor to oversee Omnitrans' Passenger Amenities Program to ensure that all passenger amenities meet Omnitrans' mission statement: ..,..[to] maximize customer use, comfon, safety and satisfaction." The best way to effectively accomplish that goal was for Omnitrans to reacquire control of the amenities and issue a new proposal to secure the services of a firm to implement the scope of work requirements. In the original Joint Powers Agreement, Omnitrans was tasked by the empowering authorities to "provide...expanded transit services and facilities for the benefits of the citizens of the panies." To that end, Omnitrans seeks to issue new Request for Proposals for its passenger amenities, which include without limitation advenising & non-advenising bus shelters, advenising & non-advenising benches, ADA site improvements, and waste receptacles. Table 1: Amenities Build-Out PHASE I, on page 4, provides Current Amenities Inventory and Amenities Goals, Current Amenities Inventory figures are provided to inform the selected proposer of their potential responsibility to remove, at a fixed price per unit, the Amenities. Only the advertising bus shelters and advertising benches are to be removed, C. Current Problems Coordination: Only limited success has been realized through a mix of agency built amenities, developer programs, city street furniture, advertising benches, and advertising shelters. 1999-189 OMNITRANS 1700 WEST t ltTH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-l PASSENGER AMENITIES PROGRAM SERVICES PAGE 3 Maintenance: Currently, the bus shelters are not being properly maintained, which provides poor customer service for our passengers and reflects poorly on . Omnitrans' image. Revenue: Revenue is being collected on shelters that should have been removed per the previous contract, and is not being distributed at all or on time to Omnitrans or agencies that do not have a contract with the contractor who secures advertisements thereon. Expense: Omnitrans experiences additional expense because of the lack of maintenance and administering the complaints received, 3, PROJECT OBJECTI\"ES A. To have the Passenger Amenities Program conducted by a qualified firm in accordance with Omnitrans' Mission Statement: "To provide the citi~ells of the Sail BemardillO Valley with comprehellsive public mass trallsporrariOIl senkes which maximi~e customer use, comfor!. safety alld satisfaction while efftcielltly usillg fillancial and other resources in an elll'ironmelltally sensirive manner. " B, To bring Passenger Amenities Program under the control of Omnitrans as authorized by its lPA by the agencies within Omnitrans' jurisdiction. C. To produce an aesthetically pleasing Passenger Amenities Program. D. To improve accessibility. E. To minimize Omnitrans' capital investment and use of operating funds, F. To maximize revenue and return on investment (ROI) for the duration of the contract. 4. PROJECT GOALS A. Participation Goals 1) Omnitrans will continually solicit partICIpation from all the Agencies within Omnitrans' jurisdiction regarding the Passenger Amenities Program; however, Omnitrans does not guarantee a specific level of participation, 2) The success of the Passenger Amenities Program, as provided by the services of the selected firm, will encourage other Agencies to participate in it. 3) The Amenities Goals will vary depending on the number of Agencies that participate in it. 1999-189 OMNITRANS 1700 WEST FIFfH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 4 B. Amenity Goals 1) The selected firm (Contractor) must construct and maintain Amenities as indicated in Table 1: Amenities Build-Out Phase I. 2) The first year will begin when the Notice to Proceed (NTP) is issued by Omnitrans. 3) Formulas that pertain to the number of units to be installed are as follows. unless otherwise indicated: a) Non-Revenue Shelters versus Advertising Shelters is 1 :50, b) \'on-Revenue Benches versus Advertising Shelters is 1:1. C. Build-Out: Phase I I) The Phase I Build-Out will take place according the requirements contained in Table 1: Amenities Build-Out Phase I- 2) Contractor must plan and schedule all requirements to complete the entire Amenities Build-out. Table 1: Amenities Build-Out Phase I Amenity *Current Yrl Yr2 Yr3 Yr4 Yr5 Total Advertising Shelters -157 200 260 40 500 :\on-Revenue Shelters -0 .. 5 2 II Non-Revenue Benches -0 200 260 100 560 Advertising Benches -300 100 50 25 175 Trash Receptacles -0 504 575 167 1246 D. Build-Out: Phase II I) Subsequent year build-outs will be based on the requirements at that time. 2) The projected growth for adding in additional sites is 2% per year based on the Attachment: Omnitrans Service Area Growth Forecast total of 32% divided by the 16 years of change for the years 1994-2010. This does not imply any guarantee or promise regarding an increase in the Amenities. 3) According to current FTA policy: ''The option quantities...contained in the contractor's.,.offer must be evaluated in order to determine contract award." The option quantities for this contract will be the amounts beyond Build-Out Phase I requirements and up to Build-Out Phase II requirements and may be distributed across any of the years of the contract, 4) Omnitrans is projecting the 10 year requirement will not exceed 150% of the total for the first three years as indicated in Table 2: Amenities Build- Out Phase II. 1999-189 OMNITRANS 1700 WEST FIFrH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICA TIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGES 5. REPORTI:\'G Al\'D MEETIl\'G REQUIRE:\IEl\'TS Contractor must perfonn and adhere to the requirements hereunder: A. Reporting Requirements 1) Monthly Reports a) Send written monthly reports to the Omnitrans representative by the 15th of each month. b) Report on the following: (1) Progress made per location (2) Planned future activities, (3) Resolutions of past issues. (4) Solution possibilities for current issues, (5) Any other pertinent issues, 2) Quarterly Reports a) Send written quarterly reports to the Omnitrans representative by the 15th of the month of each quarter. b) Report on the following: (1) Number and type of Amenities installed, removed. and relocated. (2) Number and type of Advertisements placed and removed, (3) Revenue collected and disbursed, (4) Any other pertinent issues, Table 2: Amenities Build-Out Phase II Years 1-3 Amenity Total Projected 10 Year Maximum Total Advertising Shelters 500 750 Non-Revenue Shelters II 17 Non-Revenue Benches 560 840 Advertising Benches 175 263 Trash Receptacles 1246 1869 ~ 1999-189 OMNITRANS 1700 WEST FIFfH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 6 B. Meeting Requirements 1) Meet with Omnitrans representatives once every month to plan future acti vities, review progress, discuss resolutions to past issues, and discuss solution possibilities to current issues. 2) Meet with Omnitrans representatives, as required by Omnitrans representatives, regarding any other issues pertinent to the contract. 6. AMENITIES DESIGN SPECIFICATIONS Contractor must perform and adhere to the requirements hereunder and ensure that everything used in conjunction with this project including without limitation the Amenities and the sites whereon they are located meet or better the requirements hereunder: A. General 1) Comply with all applicable federal, state, county, local, and any other governing laws, regulations, ordinances, codes, or standards regarding the Amenities Design. 2) Comply with all applicable State building and electrical, and California State Office of Architecture standards, and any other governing codes or standards regarding the Amenities Design. 3) Comply with the requirements in the Drawing clauses, 4) L;se Best Available Technology and Materials that will enhance the appearance and image of the shelters while minimizing costs and increasing revenue. 5) Refer to the Tolar Mfg. Co" Inc. Brochure regarding pre-approved Shelters, Benches, Waste Receptacles, and Kiosks, . Attachment: Tolar Mfg. Co., Inc. Brochure, 6) Document any deviations in the required features completely and attach a detailed explanation that explains why the deviation is proposed and how it will still meet the cited standard. Omnitrans is not opposed to other manufactured that have all of the salient characteristics as contained or referenced in this RFP, Omnitrans reserves the right to determine whether the deviation is acceptable to meet its requirements. B. Agency Custom Design Specifications 1) Adhere to the Agency's design specifications regarding color or roof design. In absence of any Agency's stated requirements use Omnitrans standard requirements, 1999-189 OMNITRANS 1700 WEST FIFTH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 7 2) Advise the Agency of any additional costs for custom design specifications regarding color or roof design prior to proceeding with ,customization. 3) Ensure that the community standards regarding Amenities aesthetics are continually met. C. Amenities I) All Al1Iellmes a) General (I) Complies with ADA requirements (2) Be removable (3) Have Interchangeable Parts (field installation) (4) Be Vandal Resistant (5) '.-lects or betters all of the salient characteristics as referenced in Attachment: Tolar Mfg. Co,. Inc. Brochure and Attachment B: Tol:.!r '.-lfg, Co.. Inc. website copied files. b) Construction (I) Have a Modular Design (2) Be Prefabricated (3) Be Pre-wired (I) Be constructed of perforated metal as required (2) Have structural framing members and mullions constructed of I-piece seamless extruded aluminum tubes of 6061 T6' or 6063T6 alloy. Not snap-together or 2-piece tubes. (3) Conform to all applicable requirements of the Universal Building Code (UBC) and meet or better environmental and seismic conditions for installed location, (4) Conform to all applicable requirements of the Aluminum Association standards for all aluminum pans, (5) Conform to all applicable requirements of the ASCE standards. (6) Conform to all applicable requirements of the ANSI load criteria, (7) Conform to all applicable requirements of the AISC steel design. . 1999-189 OMNITRANS 1700 WEST FIFI'H STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICA nONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGES' (8) Conform to all applicable requirements of the America Welding Society standard DI. 1-80 (9) Conform to all applicable requirements of the ASTM A233, class E70XX standards for electrodes, (10) Conform to all applicable requirements of the ASTM A-36 for structural steel. (II) Conform to all applicable requirements of the ANSI A58, I of UBC, or applicable local building codes, whichever is more stringent for shelter framing components and fastening method to supporting foundations, c) Finishing (I) Have only drilled or punched holes. (2) Use only stainless steel fasteners from framework, (3) Have baked polyurethane powder-coated finish, (4) Have matching flanges to shelter finish. (5) Have multifunction extrusions window frames. facias, and roof "hold downs" of 6063T6 alloy. d) Colors (I) Be Omnitrans Blue (RAL 5002) unless otherwise specified for a given location (I) Colors may vary depending on the Agency's requirements and the standard Colors that are available. (2) Custom Colors are allowed based on the Agency's requirements. (3) Costs for Custom Colors may be passed on to the Agency that requires Custom Colors. 2) Waste Receptacles a) General (1) Have a lockable lid with hole guard (prevents over stuffing and large objects) (2) Have padlocks for lids. (3) Holds a dark inner liner (trash bag) b) Pole mounted (1) Are pole mounted whenever possible 1999-189 OMNITRANS 1700 WEST FlFI'H STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP.MKT99.1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 9 (2) Have a 20-gallon or greater capacity c) Pedestal mounted (1) Are pedestal mounted when it is not possible to pole mount. (2) Have at least a 48" clearance between Waste Receptacle and any other objects, 3) Seating a) General (1) Has anti -vagrant bars (2) Has l}Q seat backs (3) Has l}Q armrests (4) Is secured to concrete b) Wheelchair Area (1) Have at least a 42" clearance between bench and end panel (2) Have at least a 48" clearance for access c) 5' Benches (I) Are to be used in 9 and 13 foot shelters (2) Are to have two anti-vagrant bars d) 8' Benches (1) Are to be used in 17 and 20 foot shelters (2) Are to have three anti-vagrant bars 4) Shelters a) General (1) Be available in 9,13,17, and 20 foot lengths (2) Be available in 6 and 8 foot widths (3) Have Perforated Metal Rear Wall Material (4) Be available with Glass, Lexan, or Wire Grid Wall Material (5) Be available without any Wall Material (6) Have an Omnitrans Infonnation Holder (7) Have Dome roofs only (8) Be available in custom Dome roof designs 1999-189 OMNITRANS 1700 WEST 1<ll<'U{ STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICA nONS RFP.MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 10 (9) Have Mounting Fascias (10) Be Environmentally sound (11) Be capable of supporting a solar lighting system (12) Include Contractor Identification identifying name and telephone number of the Contractor in letters at least 2" high placed in a prominent and permanent location on the shelter. (13) Be Easily Convertible (advertising to non-advertising) (14) Be available with Advertising kiosks (15) Be available without Advertising kiosks b) Length (1) Be a length commensurate with the requirements wherein the shelter is to be located, ADA requirements, and according to the Amenities Site Location Plans (2) Be available in the following length configurations: (a) Small: 9', This size is expected to have very limited use, (b) Standard: 13'. This size is expected to the most popular Large: IT. This size is expected to the second most popular Extra Large: 10', This size is expected to have limited use. '}-(c) l\'\/ (." r;';:\ ~"....~ c) Width (1) Be a width commensurate with the requirements wherein the shelter is to be located, ADA requirements, and according to the Amenities Site Location Plans (2) Be available in the following width configurations: (a) Narrow: This size is expected to be used when the sidewalk is less than 6' wide from curb edge to private property and no easement is possible (b) Regular: This size is expected to be used when the sidewalk is either less than 6' wide from curb edge to private property and no easement is possible, or the sidewalk is at least 8' wide from curb edge to private property 1999-189 OMNITRANS 1700 WEST FIFrH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 11 d) Rear Walls (1) Have Perforated Metal Rear Wall Material (2) Have adjustable screen supports (3) Be divided into four quadrants (4) Be capable of adding on additional rear walls for longer shelters e) Omnitrans Information Holder (I) Be located in upper right quadrant of the back wall of shelter (2) Be constructed of all aluminum (3) Contain two clear tempered safety glass 1/4" for front and back sides (4) Be at least 26" wide x 28" high (5) Have foam board backing (6) Be secured with Tamper-Pruf fasteners and be easily accessible for copy changes f) Fascia Mountings (I) Cross Streets mounting and signage (2) Identifying Stop Location mounting and signage (3) Omnitrans Logo and Route Numbers and signage (4) Agency's Logo mounting (5) Letter and Number size must be at least 3" g) Roof Design (I) Roof Design may vary depending on the Agency's requirements and the prefabricated roof designs that are available. (2) Be available in Custom Roof Designs as required by a given Agency's requirements, (3) Costs for Custom Roof Designs may be passed on to the Agency that requires Custom Roof Designs. h) Environmental Conditions (1) Have Environmental Protection and Resistance: 75-mph minimum windload, high winds gusts, sun, and rain, and temperature ranges of 010-120 degrees F. 1999-189 OMNITRANS 1700 WEST FIFfH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99.1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 12 (2) Be Environmentally Compatibility: compatible with park sites, commercial, and residential neighborhoods, (3) Have a standard Roof Overhang with consideration given to high wind conditions. (4) Have See-through Visibility from at least three directions. i) Lighting System (1) Have Dusk To Dawn Illumination: 100 watt equivalent at center (unless otherwise excluded by Omnitrans) (2) Be capable of supporting a solar lighting system on the roof in an inconspicuous (looks like part of the roof design) manner. The system must be lJL approved, j) Advertising Kiosks (1) Be located on downstream end of shelter (2) Be constructed of all aluminum (3) Contain clear tempered safety glass 3/16" in the side or to hinged display doors (4) Be Backlit (5) Be lJL Listed llOV 4-bulb fluorescent lighting system (6) Have a soft white fiberglass light diffuser panel (7) Have three adjustable steel leveling shoes (S) Be approximately 54" wide x 75" high to accommodate 4S" wide x 70" high standard bus shelter advertising poster. (9) Have doors secured with Tamper-Pruf fasteners and be easily accessible for copy changes, . (10) Be available in the following configunttions: (a) Wall Mount: 54" wide x 6" deep x 75" high (b) Wall Mount back-to-back: 54" wide x 9" deep x 75" high (c) Semi-V angled: 10" wide front x 52.5" deep x 24" wide rear x 75" high (d) Deep-V angled: 95" wide x 27" deep x 75" high (e) V-angled: SO" wide x 40" deep x 75" high (f) Standard V-angled: 55" wide x 4S" deep x 75" high (g) Standard V-angled: 41" wide x 52" deep x 75" high 1999-189 OMNITRANS 1700 WEST FIFrH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4,0 SPECIFICA TIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 13 k) Non-Advertising Shelters (1) Be available as non-advertising shelters (2) Be ready to equip as advertising shelters (3) Be identical in every other way to Advertising Shelters 7. SCOPE OF WORK Contractor must perform and adhere to the requirements hereunder and ensure that everything used in conjunction with this project including without limitation the Amenities and the sites whereon they are located meet or better the requirements hereunder: A. General 1) Do not perform any work under this contract within the jurisdiction of any non-participating Agency 2) Perform the work required under this contract only within the jurisdiction of the participating Agencies with whom Omnitrans has a Cooperative Agreement in place prior to the performance of the work, and only after obtaining all permits, licenses, and insurance, 3) :VlaiJ1t~in offices, shop facilities, and staff in proximity [0 allow for a 2- hour response time. 4) Pm\ ide experienced sales staff who can acquire local and national advertising accounts. 5) Ensure that all Personnel who will perform any work are duly licensed and able [0 perform the work that is within their purview to do so, 6) J\'otif) Omnitrans at least 72 hours in advance of all construction work, installation or relocation work, 7) Notify Omnitrans within 24 hours after completion of all work. 8) Accompany Omnitrans representatives to inspect the work prior to proceeding with the next work phase. Omnitrans will sign-off on all Omnitrans approved work. 9) Correct any deficiencies before proceeding onto the next work phase. B. Passenger Amenities Program Implementation Schedule and Plan I) Submit a detailed proposed Passenger Amenities Program Implementation Schedule and Plan (pAP Plan) to Omnitrans within 30 days after contract award. 2) Submit an updated PAP Plan by the 15111 of each month, A bar chart type schedule is sufficient, with detailed dates and explanations of work activities, 1999-189 OMNITRANS ImO~T~HSTREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 14 . 3) Ensure that the PAP Plan includes without limitation dates, activities, Amenities, and precedents and dependent relationships, to complete the Amenities Build-Out Goals per Table 1: Amenities Build-Out Phase I and as amended. C. Determining Amenities Site Locations 1) Coordinate all Amenities Site Locations recommendations with Omnitrans, 2) lvIodify the recommendations as required by Omnitrans 3) Survey the Omnitrans service area to determine locations of current Amenities and potential locations for new Amenities. 4) Recommend locations for new Amenities for Omnitrans' consideration. 5) Recommend removal and relocation of current Amenities for Omnitrans' consideration 6) \bintain the required ratio of Commercial to Non-Commercial Amenities while determining Amenities Site Locations. 7) \Iaintain ADA accessibility while determining Amenities Site Locations. 8) Present site maps of all Amenities Site Locations, 9) Abide by the local Agency's requirements when recommending or determining locations, 10) Presem all permitting requirements to the local Agency for its consideration. D. Utility Requirements I) Assume all liability regarding utilities for the Amenities, 2) Bear the full cost of providing all required utilities including without limitation connects, disconnects, maintenance, permits, and everything else necessary to facilitate all required utility services as required for the Amenities. 3) Coordinate efforts with the applicable utility company 4) Ensure that all utility service lines are placed underground, 5) Ensure that all utility service lines originate from the point of service designated by the appropriate utility service provider, 6) Ensure that there are no exposed utilities unless explicitly permitted by law, regulation, code, or local ordinance, 7) Ensure that utility lines that lie beneath the Amenities Site are shown on the location/construction drawing, 1999-189 OMNITRANS 1700 WEST FIFrH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFlCA TIONS RFP.MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 15 8) Supply 'Dig Alert' number as proof of clearing all underground utilities requirements, 9) Install, at Contractor' convenience and sole expense, solar energy devices on Amenities as long the illumination requirements are met from dusk to dawn and in such a way that the appearance does not suffer based on Omnitrans opinion. E. Accessibility Requirements 1) Ensure that all Passenger Amenities Program sites meet or exceed all applicable current and future Americans with Disabilities Act (ADA) requirements or local requirements, whichever is strictest. 2) Submit requests for any applicable reimbursements of costs (not profit) due to any future ADA requirements within 30 days of incuning said expense, F. Drawings 1) Ensure that the location and construction drawings are presented in a 1 :20 (inches:feet) scale representation of the proposed Amenities Site, 2) Ensure that the area represented in the drawings includes the property line to the street centerline at the nearest intersection, 3) Denote mid-block sites with broken line ties, 4) Denote all necessary streets or stations dimensions, sidewalk width and street width. 5) Denote all surface structures including hydrants, utility poles, catch basins, and their accurate positions, 6) Denote any encroachments on property not legally designated for the Amenities Site. . 7) Denote the Amenities Site location relative to the bus zone and bus stop position, 8) Denote the Amenity Site Pad. 9) Denote the type of Amenity and its exact location. 10) Denote without limitation the layout, detail, dimensions, sizes, thickness, gauges, alloys, tempers, finishes, joining, attachments, and relationships of work to adjoining surfaces, and all pertinent structural calculations. 11) Denote transit information panel, bench, base mounting, and waste receptacle, all electrical and lighting. 12) Ensure that Plans are prepared and stamped by the appropriate State of California Registered Engineers (Structural, Electrical, etc.). 1999-189 OMNITRANS 1700 WEST FIFTH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 16 13) Submit two complete sets of specifications and drawings of the proposed Amenity. G. All Amenities 1) Perform work for and on all Amenities and their sites according to the specifications defined herein, 2) Minimize interruptions at the Amenities sites while performing the requirements of this contract (perform work during hours of minimum transit passenger activity). H. Current Amenities 1) Rerno\e any still existing Amenities, at the fixed price per shelter and per bench as included in Contractor's proposal, by mmm dd, 19yy. While Eller Media is responsible for the removal of these shelters, Omnitrans requires that the new Contractor remove remaining shelters so that project implementation is not delayed. 2) Dispose of the removed AmenitIes per local requirements if there is either no salvageable value or if the residual value would exceed the cost of the auction. 3) Auction the removed Amenities if there remains any residual value, which would exceed the cost of the auction. of) Return 50<:( of the net proceeds from any auction to Omnitrans within 30 days of receipt of said proceeds. I. Removing Amenities 1) Remove Amenities as required by Omnitrans at the proposed rates or based on an agreed on formula, and within 30 days of receipt of notification from Omnitrans. 2) Recommend removal of Amenities for Omnitrans' consideration. 3) Absorb all costs to remove Amenities. as approved by Omnitrans, but only for those Amenities that are to be removed for Contractor's convenience, 4) Ensure that all safety precautions are taken to protect life, limb, and property from any hazardous conditions that may result before, during, and after removal activities. J. Site Restoration 1) Restore site to a condition that matches the adjacent area, unless that site is to be used for new Amenities within 30 days of removal of the older Amenities, 2) Ensure that the site is hazard-free and clear of all excess materials before, during, and after Site Restoration. 1999-189 OMNITRANS 1700 WEST FIFTH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER Al\1ENITIES PROGRAM SERVICES PAGE 17 K. Site Preparation 1) Ensure that all Accessibility Requirements have been met. 2) Ensure that all Utility Requirements have been met. 3) Ensure that all Permitting Requirements have been met. 4) Ensure that all Safety Requirements have been met. L. Adding Amenities I) Add Amenities as required by Omnitrans at the proposed rates or based on an agreed on formula, and within 90 days of receipt of notification from Omnitrans, 2) Recommend addition of Amenities for Omnitrans' consideration. 3) Absorb the cost to add Amenities, as approved by Omnitrans. but only for those Amenities that are to be added for Contractor's convenience. 4) Ensure that all safety precautions are taken to protect life, limb. and property from any hazardous conditions that may result before. during. and after adding Amenities activities. 5) Ensure that add-on Amenities match the existing Amenities. In the event is impossible to match existing Amenities, then Contractor must compliment the existing Amenities designs and infonn Omnitrans of same for Omnitrans' consideration prior to ordering and installing the complimenting Amenities, 6) Ensure that the add-on Amenities are non-revenue unless otherwise approved in writing by Omnitrans. M. Non-Commercial Amenities I) Construct and maintain the required number of Non-Commercial Amenities that will carry transit-related and or other non-commercial information as required herein or as ordered by Omnitrans, See Table I: Amenities Build-Out PHASE I, on page 4, 2) Ensure that Non-Commercial Amenities are appropriately illuminated, 3) Ensure that Non-Commercial Amenities are comparable in construction and maintained at a level equal to the other transit shelters installed by the Proposer. 4) Recommend location of Non-Commercial Amenities. 1999-189 OMNITRANS 1700 WEST FIFTH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER AMENITffiS PROGRAM SERVICES PAGE 18 N. Amenities Installation 1) Installation Schedule a) Begin work within 7 days after receiving Pennit Approvals from the Agencies having jurisdiction or as early as allowed for by the Permit, whichever occurs later. b) Do not wait to begin work on Amenities Sites that have received valid Pennits even though some Pennits for other Amenities Sites may be still pending. c) Perform Amenities installations according to the Omnitrans approved installation schedule. d) Ensure that Amenities are installed according to the commercial and non-commercial Amenities ratio formula and during the same time frame. 2) Amenities Placement a) Do not place any Amenity on any proposed site that is or would be: (1) Detennined by Omnitrans or the Agency to have site line issues. Examples: visual impairment of traffic control devices or of coach operator's view of Amenities; or (2) Located on any island designated to separate or regulate vehicular traffic; or (3) Infringing on any property not legally designated for Amenities Placement. b) Place Amenities so that they comply with ADA guidelines. c) Rearrange all Amenities including other street furniture so that pedestrian access, transit operator's view of the shelter, and maintenance is not impeded, and in compliance with ADA guidelines. d) Maintain at least the required mInimUm clearance (ADA or applicable code) between the shelter and any other object (i.e., street lights, power pole, trees, etc.). e) Secure all Amenities with fasteners designed to minimize movement, while permitting authorized transferability of Amenities, f) Welding must be done off-site (shop) unless for field repair and only after notifying Omnitrans and after all precautions have been taken. 1999-189 OMNITRANS 1700 WEST FIFI'H STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP.MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 19 O. Construction Sites 1) Adhere to all regulatory requirements. 2) Adhere to the Consrrucrion Aaachmellls. P. Relocating Amenities 1) Recommend relocation of Amenities for Omnitrans' consideration. 2) Relocate Amenities as required by Omnitrans at the proposed rates or based on an agreed on formula, and within 30 days of receipt of notification from Omnitrans, Ameniries locations are nor pernlanelll due ro changes in rhe requiremenrs of Omnirrans, Federal, Srare, Counry, Ciry, orlzer Agencies, or privare developmenr, which include wirhom limirarion projecrs, public convenience, rransir rome or srop changes, vandalism, or orher requiremenrs. 3) Follow all applicable requirements for Removing Amenities, Site Restoration, Site Preparation, Adding Amenities, 4) State all costs, as a flat fee, for relocation of Amenities including without limitation utility services changes, handling, removal, transportation (assuming a 50 mile range), storage, reinstallation costs, and all other associated costs. Relocarion cosrs nIusr be srared in rlze Proposal. 5) Deduct the cost for Relocating Amenities from the next payment due to Omnitrans showing the number of units relocated and the associated costs, 6) Absorb all costs to remove Amenities, as approved by Omnitrans, but only for those Amenities that are to be removed for Contractor's convenience. 7) Ensure that all safety precautions are taken to protect life, limb, and property from any hazardous conditions that may result before, during, and after relocation activities. 8) Relocate Omnitrans' concrete non-adverting bus benches as required by Omnitrans at the Contractor's proposed rates or agreed upon formula. Q. Amenities Maintenance 1) General a) Maintain all Amenities in a near-new condition and at the Contractor's sole expense. b) Inspect all Amenities at least twice every week and more frequently if past conditions warrant increases. 1999-189 OMNITRANS 1700 WEST FIFrH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICA TIONS RFP.MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 20 ' c) Perform any work required and as required, but not less than the described frequencies and more frequently if past conditions warrant increased frequencies to bring any Amenity into near-new condition including without limitation cleaning, reconditioning, refurbishing, or replacing any Amenity that fails to meet the near- new condition requirements. d) Submit a log showing maintenance performed and not performed on the Amenities to Omnitrans in the monthly report or as required. 2) Maintenance a) General Clean Amenities as required, but not less than the described frequencies and more frequently if past conditions warrant increased frequencies to ensure they meet the near-new condition requirement and are a useable condition. Remove evervthing foreign to Amenities from the Amenities and the surrounding IS' radius using the appropriate action. Rcpol1 any foreign objects to the appropriate Agency when conditions call for it prior to disposing of them. Examples: personal belongings and illegal paraphernalia, Handle foreign objects with due care. Dispose of any foreign objects appropriately, Rearrange all Amenities including other street furniture so that pedestrian access, transit operator's view of the shelter, and maintenance is not impeded, and in compliance wiUl ADA guidelines, b) Waste Receptacles (1) Empty all waste receptacles at least twice every week and more frequently if past conditions warrant increased frequencies, (2) Clean all waste receptacles as required, but not less than once a month, (1) '~) l- (3) (4) (5) (6) (3) Add more waste receptacles, as required and not prohibited by the local Agency, if existing waste receptacles experience fill rates exceeding once per day, 1999-189 OMNITRANS ImO~T~HSTREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 21 c) Shelters , A> .-- 1'/ Clean all shelters as required, but not less than once a '/ month, ,. (2) Wash all shelter surfaces at least once a month and more frequently if past conditions warrant increased frequencies. Benches (1) d) (1) Clean all benches as required, but not less than once a week. (2) Wash all bench surfaces at least once a month and more frequently if past conditions warrant increased frequencies. e) Vicinity (1) Clean the vicinity of the Amenities within a 15' radius of the Amenities as required, but not less than twice a week. (2) Wash all shelter surfaces at least once a month and more frequently if past conditions warrant increased frequencies. (3) Remo\e and dispose of any of all extraneous items including without limitation all foreign objects, debris, graffiti, stickers, extraneous posters, weeds, or other items that were not on the shelters when they were new. 3) Restoration a) Restore Amenities to near-new condition within 24 hours after inspection of or report of any deficient condition. b) Repair Amenities that are repairable and not a hazard to near-new condition within 24 hours after inspection of or report of any deficient condition. c) Repair Amenities that are repairable and present any hazard to a non-hazardous condition within 2 hours after inspection of or report of any deficient condition. d) Restore sidewalks and curbs to a safe finished condition, if affected by any work performed at any Amenities site or on any Amenity, e) Restore lighting within 24 hours after inspection of or report of any deficient condition, f) Notify Omnitrans in written form regarding any hazardous conditions that can not be rectified within the time required and before the expiration of the time required, and note reasons and expected time for resolution. 1999-189 OMNITRANS 1700 WEST FIFrH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 22 ' 4) Replacements a) Remove any hazardous and non-repairable Amenity within 2 hours after inspection of or report of any deficient condition, b) Replace any non-repairable Amenity within 168 hours after inspection of or report of any deficient condition at Contractor's expense, this in no way prohibits Contractor from filing an insurance claim with Contractor's insurers. c) Recommend to Omnitrans alternate items or locations wherein a given Amenities Site has experienced multiple or frequent damages. 8. AD\'ERTISI.\"G 0:\ A:\IE.\"ITIES A. General I) :Yfakc diligent efforts to secure and maximize sold space on the designated Amenities. 2) Rcmo\c all expired Advertisements from the affected Amenities within 2 hours of expiration or notification from either Omnitrans or the Agency having jurisdiction, whichever occurs first, and at Contractor's sole expense and liability, B. Advertisement Placements I) Do not place, under any circumstance, any Advertisements that have not been specifically approved by Omnitrans. 2) Remove any unauthorized Advertisements from all of the Amenities, 3) Place all authorized Advertisements on the "downstream" end wall of a three-sided shelter, which is the side that is furthest from approaching transit vehicles, Example: an Advertisement would be placed on the furthest north end wall for northbound traffic when the Amenity is located on the east side of the traffic lane. 4) Do not place, under any circumstance, any Advertisements on the "upstream" end wall of any three-sided shelter, which is the side that is closest to approaching transit vehicles, This would impede the vision of the approaching coach operator in determining whether there are patrons awaiting bus service. C. Advertisement Visibility 1) Ensure that Advertisements are backlit. 2) Ensure that Advertisements do not exceed the Panel size of 24 ft2 nor exceed 6 ft high by 4 ft wide. 1999-189 OMNITRANS 1700 WEST FIFTH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFlCA TIONS RFP-MKT99-1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 23 ~, \y -\' , .' :1./ - '-' '7 / 3) Ensure that the Advertisement quality continually meets or exceeds industry standards for outdoor advertising including without limitation durability, color, clarity, and the like. 4) D. Ensure that the community standards regarding control of obscenities are continually met. Unsold Advertising Space I) Notify Omnitrans in written form of all Unsold Advertising Space on a monthly basis, Make Unsold Advertising Space available free of charge to Omnitrans, to be used at Omni trans , sole discretion, for at least 15 days and until such advertising space is sold. Remove and store or return, at Contractor's expense, to Omnitrans any media that Omnitrans affixes to the Unsold Advertising Space, but only after the Unsold Advertising Space is sold. (]se, on a limited basis and onlv after receiving Omnitrans' written . - approval and at Contractor's sole expense, any Unsold Advertising Space for Contractor's advertisements and for promotional purposes designed to increase the sale of Advertising Space. 2) 3) 4) E. ~ ' ).:. C" -= -- - _. --=-,' Resened Space I) Reserve, at mimmum, two sides of the shelter, not predetermined for Advertising Space, for Advertisements or Public Service Announcements for the Agency within its jurisdictional limits. Place and remove all provided Agency media in the spaee reserved for it as requested by the Agency at not cost to the Agency or Omnitrans. Reserve, at minimum, a single designated back panel of the shelter, not predetermined for Advertising Space, for Omnitrans to be used at Omnitrans' sole discretion, 4) Place and remove all Omnitrans informational and schedule material in the space reserved for Omnitrans as schedule changes occur at least twice per year, but not sooner than 5 days before the change and not later than the effective date, and at no cost to Omnitrans. )~~-.L'- '- . 2) 3) 5) Use, on a limited basis and only after receiving Omnitrans' written approval and at Contractor's sole expense, any Reserved Space for Contractor's advertisements and for promotional purposes designed to increase the sale of Advertising Space or for Advertisements providing that the revenue is split 50/50 between Contractor and Omnitrans. 1999-189 OMNITRANS 1700 WEST FlFfH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICA nONS RFP.MKT99-1 PASSENGER Al\1ENITIES PROGRAM SERVICES PAGE 24 6) Remove all Advertisements or Public Service Announcements from any specified Reserved Space when either the date has expired or within 48 hours of receipt of notification of the Public Service agency whichever occurs first. F. Advertisement Content and Presentation 1) Ensure that the community standards regarding control of obscenities are continually met. 2) Remove all Advertisements that contain content or have a presentation that is objectionable, as so deemed by either Omnitrans or the Agency having jurisdiction. from the affected Amenities within 2 hours of notification from either Omnitrans or the Agency having jurisdiction, regardless of prior approvals, and at Contractor's sole expense and liability. Review all Advertisements with Omnitrans prior to ordering and placing them on any Amenity to determine whether it meets with Omnitrans' approval. Place only those Advertisements that Omnitrans has specifically approved. Do not place, under any circumstance, any Advertisements that have not been specifically approved by Omnitrans. Do not place, under any circumstance, any Advertisements that violates any federal, state, county, or local regulation, law, code, or ordinance; is or can be construed to be false, misleading, deceptive, or clearly defamatory; violates or can be construed to violate any local community standards including without limitation obscenity or pornography; advocates any unlawful action; promotes alcohol, tobacco, or sexual products or services; or contains words or illustrations that can be construed as traffic control device or symbol. Do not place any Advertisements that competes with any business that sells the same product or service within 100 yards of that business unless that business has filed written approval with Contractor and Omnitrans prior to place such Advertisements, Ensure that Advertisements that have a political or editorial nature contain the statement in bold type with letters at least three inches (3") high; "Paid for By [sponsor's name] [State of California committee number (when an election campaign is involved)] this advertising does not constitute an endorsement by Omnitrans or the shelter provider." Advertisement Rates 7) 8) .,~ G. 3) 4) 5) 6) 1) Establish Advertisement Rate Schedules for placing Advertisements on the Amenities, , 1999-189 OMNITRANS 1700 WEST FIFrH STREET SAN BERNARDINO, CALIFORNIA 92411 SECTION 4.0 SPECIFICATIONS RFP-MKT99.1 PASSENGER AMENITIES PROGRAM SERVICES PAGE 25 2) Forward Advertisement Rate Schedules changes to Omnitrans within 2 days of occurrence. 3) List the San Bernardino Valley as a separate category on the Advertisement Rate Schedules. End of Section 4.0 . 1999-189 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: City Administrator's Office Subject: Resolution authorizing the execution of an agreement with Omnitrans to administer a Passenger Amenities Program at current and Mure bus stop zones From: Fred Wilson, City Administrator Date: July 14,1999 Synopsis of Previous Council Action: 6/01/90 - Resolution 90-134 was adopted approving an agreement between the City and Bustop Shelters to construct and maintain twenty-one bus shelters and benches. 10123/91 - Resolution 91-437 was adopted which approved the first amendment to the original agreement to allow construction and placement of additional shelters and benches. 5/07/93 - Resolution 93-5 was adopted which approved a second amendment to the original agreement. Due to the financial burden on the company and subsequent bankruptcy of Metro Display, the City agreed that no new benches or shelters would be required of Metro Display. A payment plan for the amount past due to the City was also approved. Recommended Motion: Adopt Resolution. Contact person: FrF\n Wil~nnrrF\ri R::lkF\r Phon,,' !\1?? Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (A,..rt n~~,..rirtinn) Finance: Council Notes: Agenda Item No, 1999-189 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the City of San Bernardino authorizing the execution of an agreement between the City of San Bernardino and Omnitrans that authorizes Omnitrans to administer a Passenger Amenities Program at current and future bus stops, Back2round: The City entered into an agreement with Metro Display Advertising to provide shelters 'and maintenance service at twenty-one bus stops throughout the City in 1990. The company also agreed to place thirteen additional shelters, but because of the reorganization of Metro Display through bankruptcy the additional shelters were never constructed. The reorganization resulted in Eller Media Company acquiring Metro Display, Eller Media assumed the agreement responsibilities, The agreement between the City and Eller Media Company expired in 1998. Since that time the City has been on a month to month agreement with Eller Media Company. The City currently receives $75 per month per advertising shelter ($17.000 per year) from Eller Media. although payment has in past years been irregular, The shelters are almost ten years old and in need of replacement and more stringent maintenance efforts. Omnitrans approached the City early this year regarding the possibility of reaching an agreement that would allow Omnitrans to administer a contract to construct and maintain new shelters throughout the City, In an effort to bring passenger amenities under their control, Omnitrans is also seeking agreements with other governments in their service area (County of San Bernardino, Colton, Grand Terrace, Fontana, Lorna Linda, Rialto, Yucaipa and Chino Hills). Omnitrans refers to the program as a comprehensive Passenger Amenities Program, Omnitrans believes that this action will allow a more active management role resulting in a better amenity program for riders and a positive impact on the community. Fontana, Lorna Linda, and the County have approved their agreements with Omnitrans, Colton, Yucaipa, Chino Hills and Rialto's agreements are pending Council approval, Most people are not aware that bus shelters and benches are located on City right-of- ways. As a result, Omnitrans is the recipient of complaints from the community regarding shelterlbench area maintenance problems. Omnitrans has documented several instances of lack of cooperation on the part of the current provider on matters related to shelter location, maintenance and other issues. Although the program will not generate any revenue for the City of San Bernardino, the agreement would provide the many benefits to the community. In addition to guaranteeing that strict maintenance standards are met at bus stops, Omnitrans is proposing to use the revenue the shelters generate to provide additional amenities at the bus stops, Amenities include non-advertising benches, trash receptacles and related maintenance at over 100 bus stops. This will be a real advantage to the community in 1999-189 eliminating blight. The City's Public Services Department is currently providing refuse service at the stops, but the maintenance standards are not as strict as the service that Omnitrans is proposing. Per this agreement, once an amenity is added to a bus stop Omnitrans will be responsible for maintenance and the City will be relieved of this duty. The Council should be aware that Eller Media Company also approached the City recently regarding renegotiating the agreement to maintain control of the shelters. The company proposed to increase the revenue the City receives from $17,000 per year to $20,000 per year, Additionally, Eller Media's offer also included constructing and maintaining new shelters in the City. 'After careful consideration of both proposals, staff recommends that a ten-year agreement be reached with Omnitrans, A ten-year agreement will allow the contractor that Omnitrans chooses to depreciate their investment over a longer period, which would provide Omnitrans more revenue to implement a successful program. The following points are the basis for the recommendation: . There have been several complaints from residents and neighborhood associations regarding lack of maintenance with the Eller Media agreement. . During the reorganization of Metro Display, payments to the City were inconsistent. Although the second amendment to the agreement states that past due payments would be paid to the City as result of the bankruptcy reorganization, the amount owed to the City was never paid in full. . Omnitrans has a vested interest in the community and the aesthetics at the bus stops. . Omnitrans reputation is at stake when shelters are not properly maintained. The City does not have the staff time to adequately monitor an agreement with Eller Media. . The Omnitrans agreement will ensure that all of the bus stop zones where amenities are added throughout the City are maintained vs. only the advertising shelters that Eller Media would maintain, Financial ImDact: The City will not receive approximately $20,000 per year in revenue if a contract with Eller Media Company is not renegotiated. However, the Omnitrans agreement will assume maintenance responsibilities at over 100 of the bus stops that are currently the City's responsibility. The Public Services Department has determined that the value of the maintenance required at the bus stops is approximately $20 per month per bus stop or approximately $24,000 per year. Recommendation: Adopt resolution authorizing the execution of an agreement between the City of San Bernardino and Omnitrans that authorizes Omnitrans to administer a Passenger Amenities Program at current and future bus stops.